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ME · rules

M.R. Evid. 408

COMPROMISE OFFERS AND NEGOTIATIONS

activein force · 2018-08-01 – presentact-effective-date

(a) Settlement discussions. Evidence of the following is not admissible—

on behalf of any party—either to prove or disprove the validity or

amount of a disputed claim or to impeach by a prior inconsistent

statement or a contradiction:

(1) Furnishing, promising, or offering—or accepting, promising to

accept, or offering to accept—a valuable consideration in

compromising or attempting to compromise the claim; and

(2) Conduct or a statement made during compromise negotiations or

in mediation about the claim.

(b) Mediation. Evidence of conduct or statements by any party or mediator

at a mediation session:

(1) Undertaken to comply with any statute, court rule, or

administrative agency rule;

(2) To which the parties have been referred by a court, administrative

agency, or arbitrator; or

(3) In which the parties and mediator have agreed in writing or

electronically to mediate with an expectation of confidentiality;

Is not admissible in the proceeding with respect to which the mediation

was held or in any other proceeding between the parties to the mediation

that involves the subject matter of the mediation for any purpose other

than to prove:

• Fraud;

• Duress;

• Other cause to invalidate the mediation result; or

• Existence of an agreement.

Provenance

Source
courts.maine.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
161ce4c999d51b009f75f1cb26e6fb6665142ae4852372715132cd03237de0b8
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